GENERAL TERMS AND CONDITIONS OF SALE
Reservation of Accommodation or Tourism Pitches by Individuals
Provider's Contact Information:
●Camping La Cerise
660 Chemin de l'Annonciade
84570 MALEMORT DU COMTAT
●SAS JIMDY SIREN 834 550 236
848 Chemin de Berigolier
84570 MALEMORT DU COMTAT
●www.campinglacerise.fr
●+33686105375
●sasjimdy@gmail.com
DEFINITIONS:
ORDER or RESERVATION or BOOKING: Purchase of Services.
SERVICES: Seasonal rental of accommodation or tourism bare pitches.
ACCOMMODATION: Tent, caravan, mobile home, and leisure lightweight accommodation.
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitches on the camping site La Cerise, operated by SAS JIMDY ('the Provider'), to non-professional clients ('the Clients' or 'the Client'), on its website www.campinglacerise.fr or by phone, postal mail, or electronic mail (emails), or at a location where the Provider markets the Services.
The main characteristics of the Services are presented on the website www.campinglacerise.fr or on written support - paper or electronic - in the case of a reservation by a means other than remote ordering.
The Client must be aware of them before placing any order. The choice and purchase of a Service are the sole responsibility of the Client. These General Terms and Conditions of Sale apply to the exclusion of any other conditions of the Provider, including those applicable to other marketing channels for the Services.
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if necessary, over any other version or contractual document. The version applicable to the Client is the one in force on the website or communicated by the Provider on the date of placing the Order by the Client.
Unless proven otherwise, the data recorded in the Provider's computer system constitutes proof of all transactions concluded with the Client.
In accordance with the conditions defined by the Data Protection Act and the European Regulation on data protection, the Client has, at any time, the right of access, rectification, and opposition if the processing is not essential to the execution of the order and the stay and their follow-ups, to all of his personal data by writing, by mail and by justifying his identity, to:
SAS JIMDY / Camping La Cerise
848 Chemin de Berigolier
84570 MALEMORT DU COMTAT
The Client declares to have read these General Terms and Conditions of Sale and accepted them either by checking the box provided for this purpose before implementing the online ordering procedure, as well as the general conditions of use of the website www.campinglacerise.fr, or, in the case of a reservation outside the Internet, by any other appropriate means.
ARTICLE 2 – RESERVATIONS
The Client selects on the website or fills in any document sent by the Provider the services he wishes to order, according to the following modalities:
The Client selects the Services he wishes to book on the website.
For complete information on the proposed Services, the Client has the catalog of Services on the website or in a paper brochure or can have the Services explained by the Provider's reservation agents, by phone [00.33.6.86.10.53.75], or by email sasjimdy@gmail.com.
He determines himself the Services of his choice at the time of booking.
The validation of the reservation by the Client constitutes recognition on his part of the content of the Services, the destination, the price, and the reservation modalities, of all the characteristics of the stays, and accommodations.
He acknowledges having requested and obtained all the necessary information to make his reservation with full knowledge of the facts and under his own responsibility.
The registration of the reservation on the website is carried out when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates his reservation. This validation implies the acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.
The reservation will be considered final only after:
●the Provider sends the Client the acceptance of the reservation by email, and
●payment by the Client according to the conditions applicable to his offer.
The client undertakes not to establish his residence there and not to carry out any professional activity within the camping site La Cerise.
It is the Client's responsibility to check the accuracy of the Order and to immediately inform the Provider of any errors.
Any Order placed on the website www.campinglacerise.fr constitutes the formation of a contract concluded remotely between the Client and the Provider. Any Order is nominative and cannot, under any circumstances, be transferred.
ARTICLE 3 – RATES
The Services offered by the Provider are provided at rates in force on the website www.campinglacerise.fr or on any support of information from the Provider, at the time of placing the order by the Client. Prices are in Euros, excluding and including VAT.
The rates take into account any reductions that may be granted by the Provider on the website www.campinglacerise.fr or by telephone.
These rates are firm and non-revisable during their period of validity, such as indicated on the website www.campinglacerise.fr, in the email, or in the written proposal addressed to the Client. Beyond this period of validity, the offer is null and void, and the Provider is no longer bound by the prices.
They do not include processing and management fees, which are invoiced additionally, under the conditions indicated on the website www.campinglacerise.fr or in the information (letter, email, etc.) communicated to the Client beforehand and calculated before placing the Order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Client no later than the moment of payment of the balance of the price.
3.1. TOURIST TAX
The tourist tax, collected on behalf of the municipality / intermunicipal community, is not included in the rates. Its amount is determined per person and per day and varies depending on the destinations. It is to be paid when paying for the Service and is clearly stated on the invoice.
ARTICLE 4 – PAYMENT TERMS
4.1. DOWN PAYMENT
The amounts paid in advance are down payments. They constitute an advance on the total price by the Client.
A down payment corresponding to 40% of the total price for the supply of the Ordered Services is required when placing the order by the Client. It must be settled upon receipt of the final lease agreement and attached to the copy to be returned. It will be deducted from the total amount of the order.
It will be subject to a partial refund based on the cancellation date according to the following schedule:
●60% between the reservation date and 30 days before the arrival date.
●No refund 30 days before the arrival date.
The balance of the stay must be fully settled 30 days before the arrival date (subject to cancellation of this reservation).
4.2. PAYMENTS
Payments will only be made through secure methods according to the following terms:
●By credit cards: Carte Bleue, Visa, MasterCard
●By bank check. Checks not sent by registered mail and not received by Camping La Cerise are the responsibility of the customer.
●By bank transfer,
●By holiday vouchers (no change will be given if the total amount of holiday vouchers exceeds the total price of the reservation). Checks not sent by registered mail and not received by Camping La Cerise are the responsibility of the customer.
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer can request the cancellation of the payment and the refund of the corresponding amounts.
In the case of payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco.
The check will be cashed upon receipt.
Any delay in payment automatically results in the application of a flat-rate indemnity of forty (40) Euros. In addition, the Service Provider reserves the right, in case of non-compliance with the payment conditions mentioned above, to cancel the provision of the services reserved by the Client.
Payments made by the Client will only be considered final after the effective collection of the amounts due by the Service Provider.
Each payment must be accompanied by the reference of the file as it appears on the Provider's reservation confirmation.
ARTICLE 5 - PROVISION OF SERVICES
5.1. AVAILABILITY AND USE OF SERVICES
The accommodation or pitch can be occupied from 3:00 PM on the day of arrival and must be vacated by 10:00 AM on the day of departure.
The balance of the stay must be fully paid 30 days before the arrival date (or the reservation may be canceled).
Accommodations and pitches are intended for a specified number of occupants for the rental and may not, under any circumstances, be occupied by a greater number of people.
Accommodations and pitches must be returned in the same state of cleanliness as they were delivered. Otherwise, the tenant must pay a flat fee of €150 for cleaning. Any damage to the accommodation or its accessories will require immediate restoration at the expense of the tenant. The inventory status at the end of the rental must be rigorously identical to that at the beginning of the rental.
5.2. SECURITY DEPOSIT
For accommodation rentals, a security deposit of €250 is required from the client on the day the keys are handed over and is returned to them on the last day of the rental, with any potential deduction for restoration costs. This deposit does not constitute a limit of liability.
ARTICLE 6 – DELAY, INTERRUPTION, OR CANCELLATION OF STAY BY THE CLIENT
No reduction will be granted in the case of delayed arrival, early departure, or a change in the number of persons (whether for the entire stay or a part of the planned stay).
6.1. MODIFICATION
Any request to decrease the duration of the stay will be considered by the Service Provider as a partial cancellation, the consequences of which are governed by Article 6.3.
6.2. INTERRUPTION
An early departure will not entitle the Client to any refund from the Service Provider.
6.3. CANCELLATION
In the event of the Client canceling the Reservation after its acceptance by the Service Provider less than 30 days before the scheduled date of the reserved Rental, for any reason other than force majeure, the advance payment made at the Reservation, as defined in Article 4 - PAYMENT TERMS of these General Terms and Conditions of Sale, will automatically be acquired by the Service Provider, as compensation, and will not be subject to any refund.
In all cases of cancellation, the processing and management fees (Article 3) will remain acquired by the Service Provider.
6.4. CANCELLATION IN CASE OF PANDEMIC
6.4.1. In the event of a total or partial closure of the establishment during the reserved stay dates (equivalent to a measure of total or partial prohibition of public reception, to the extent that the Client is directly affected by the application of this measure) decided by the public authorities, and which is not attributable to the Service Provider, the amounts paid in advance by the Client for the reservation of the stay will be refunded within 60 days.
However, the Service Provider cannot be held liable for any additional compensation beyond the refund of the amounts already paid for the reservation of the stay.
6.4.2. By way of derogation from the provisions of Article 6.3 CANCELLATION, in the event that the Client is compelled to cancel the entire stay due to government measures preventing participants from traveling (general or local lockdown, travel ban, border closure), even though the campsite is able to fulfill its obligation and welcome the Clients, the Service Provider
●will issue a credit corresponding to the amounts paid by the Client, minus the processing and management fees (Article 3) which will remain acquired by the Service Provider. This credit, non-refundable and non-transferable, will be valid for 12 months.
6.4.3 - In the event of the Client subscribing to specific insurance covering the risks listed in Article 6.4.2, the insurance compensation received by the Client will be deducted from the amount of the credit, as mentioned in Article 6.4.2.
ARTICLE 7 - CLIENT'S OBLIGATIONS
7.1. LIABILITY INSURANCE
The Client accommodated on a pitch or in accommodation must be insured with liability insurance. An insurance certificate may be requested from the Client before the start of the service.
7.2. LOSSES, THEFT, DAMAGES
The liability of the Service Provider cannot be invoked in the event of loss, theft, or damage to personal effects during the stay, both in rental accommodations and in parking areas or common areas.
The Service Provider therefore disclaims any responsibility in case of theft, fire, adverse weather conditions, etc., or in the event of an incident falling under the civil liability of the Client.
It is advisable for the Client to contact their insurance company to obtain, if necessary, an extension of their personal coverage.
7.3. PETS
Domestic animals are allowed for a flat fee. They must be constantly supervised and kept on a leash by their owner during the stay. Any violation of hygiene or safety caused by the animal may result in the expulsion of the Client.
The vaccination record for dogs and cats must be up to date. Access to public transportation, public places (except public roads), and premises open to the public is strictly prohibited for first-category dogs. Second-category dogs must be muzzled and kept on a leash by an adult.
7.4. INTERNAL REGULATIONS
Internal regulations are posted at the entrance of the establishment and at the reception. The Client is required to read and comply with them. They are available upon request.
ARTICLE 8 - PROVIDER'S OBLIGATIONS – WARRANTY
The Provider guarantees the Client, in accordance with legal provisions and without additional payment, against any non-conformity or hidden defect resulting from a defect in the design or implementation of the ordered Services.
To enforce their rights, the Client must inform the Provider in writing of the existence of defects or non-conformities within a maximum period of 24 hours from the provision of the Services.
The Provider will refund, rectify, or have rectified (to the extent possible) the services deemed defective as soon as possible and no later than 3 days following the Provider's acknowledgment of the defect or non-conformity. The refund will be made by crediting the Client's bank account or by sending a bank cheque to the Client.
The Provider's warranty is limited to the refund of the Services actually paid by the Client. The Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a force majeure event commonly recognized by French jurisprudence.
The Services provided through the website www.campinglacerise.fr by the Provider comply with the regulations in force in France.
ARTICLE 9 - RIGHT OF WITHDRAWAL
Activities related to the organization and sale of stays or excursions on a specified date or during a specified period are not subject to the withdrawal period applicable to distance and off-premises sales, in accordance with the provisions of Article L221-28 of the Consumer Code.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
The Provider, drafting these terms, implements processing of personal data based on:
●Either the legitimate interest pursued by the Provider when pursuing the following purposes:
●Prospecting
●Managing the relationship with its clients and prospects
●Organizing, registering, and inviting to Provider's events
●Processing, executing, prospecting, producing, managing, and monitoring client requests and files
●Drafting acts on behalf of its clients
●Or compliance with legal and regulatory obligations when implementing processing for the purpose of:
●Preventing money laundering and the financing of terrorism and combating corruption
●Invoicing
●Accounting
The Provider retains data only for the duration necessary for the operations for which they were collected and in compliance with current regulations.
In this regard, client data is kept for the duration of the contractual relationship plus 3 years for animation and prospecting purposes, without prejudice to retention obligations or prescription periods.
In matters of preventing money laundering and the financing of terrorism, data is kept for 5 years after the end of relations with the Provider. In accounting matters, data is kept for 10 years from the closure of the accounting year.
Prospective customer data is kept for a period of 3 years if there has been no participation or registration for Provider events.
The processed data is intended for authorized persons of the Provider.
In accordance with the provisions of the Data Protection Act and the European Regulation on the protection of personal data, individuals have the right of access to their data, rectification, questioning, limitation, portability, and erasure.
Individuals affected by the processing also have the right to object at any time, for reasons related to their particular situation, to processing of personal data based on the legitimate interest of the Provider, as well as the right to object to commercial prospecting.
They also have the right to define general and specific directives specifying how they intend for the rights mentioned above to be exercised after their death:
●by email at the following address: sasjimdy@gmail.com
●or by postal mail at the following address: SAS JIMDY / Camping La CERISE 848 Chemin de Berigolier 84570 Malemort du Comtat, accompanied by a copy of a signed identity document.
Individuals affected have the right to lodge a complaint with the CNIL.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the website www.campinglacerise.fr is the property of the Provider and its partners and is protected by French and international laws relating to intellectual property.
Any reproduction, distribution, total or partial use of this content is strictly prohibited and may constitute an infringement.
Furthermore, the Provider retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., created (even at the request of the Client) for the provision of Services to the Client. The Client therefore refrains from any reproduction or exploitation of these studies, drawings, models, prototypes, etc., without the express, written, and prior authorization of the Provider, which may be conditional on financial compensation.
The same applies to names, logos, or more broadly any graphic representation or text owned by the Provider or used and disseminated by it.
ARTICLE 12 - APPLICABLE LAW – LANGUAGE
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 13 – DISPUTES
All disputes arising from the purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences, and consequences that could not be resolved between the Provider and the Client, shall be submitted to the competent courts in accordance with common law.
The Client is informed that, in any case, in the event of a dispute, they may resort to a conventional mediation procedure or any other alternative dispute resolution method.
They may, in particular, use the services of the Consumer Mediator as follows:
●Electronically: www.cm2c.net;
●By postal mail: CM2C - 14, Rue Saint-Jean - 75017 PARIS.
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CLIENT'S ACCEPTANCE
The Client acknowledges that, prior to placing their order, they have been provided with the General Terms and Conditions of Sale in a clear and understandable manner, as well as all the information and details referred to in articles L 111-1 to L111-7 of the Consumer Code, in addition to the information required by the decree of October 22, 2008, relating to the prior information of the consumer on the characteristics of rental accommodations in outdoor hotels, including:
●The essential characteristics of the Services, considering the communication medium used and the Services concerned;
●The price of the Services and additional fees;
●Information regarding the identity of the Provider, their postal, telephone, and electronic contact details, and their activities, if not evident from the context;
●Information about legal and contractual guarantees and their implementation procedures; the functionalities of digital content and, where applicable, its interoperability;
●The possibility of resorting to conventional mediation in the event of a dispute;
●Information about the terms of termination and other important contractual conditions.
The act of an individual (or legal entity) ordering on the website www.campinglacerise.fr implies adherence to and full acceptance of these General Terms and Conditions of Sale. This is expressly acknowledged by the Client, who waives, in particular, any reliance on any contradictory document that would be unenforceable against the Provider.
